EU restricts use of carcinogenic, mutagenic and reprotoxic (CMRs) substances in clothing

The European Union has passed the proposal to restrict the use of carcinogenic, mutagenic and reprotoxic (CMR) substances in clothing, textiles and footwear. These limits will be applied to 33 CMRs, and the application will start in 2020 after the proposal is reviewed by the European Parliament. The initial list proposed in 2015 had 286 CRMswill kick-in in two years, after review by the European Parliament and Council. In 2015, the Commission published a preliminary list of 286 CMRs that now at the time of approval has been cut to 33 banned substances.

What does the draft CMR Regulation propose?

The EC proposes to use article 68 (2) of REACH as a fast-track to restrict certain CMR category 1A and 1B substances used in textile consumer articles such as:

• Clothing or related accessories,
• Textiles other than clothing which, under normal or reasonably foreseeable conditions of use, come into contact with human skin to an extent similar to clothing, (examples included linen, towels, sleeping bags)
• Footwear

These 33 CMR substances to be banned under REACH in the Commission proposal are substances that consumers are exposed to through skin contact, inhalation or unintentional ingestion from dust release of textile fibers.

This proposal limits this exposure by restricting the articles containing these chemicals from being placed in the EU market. The restrictions apply to products of clothing, textiles, and footwear produced within the EU and those imported.

What are the EU CMR Regulation exemptions?

The draft annex to the Regulation includes exemptions. The restrictions will not apply to:

• clothing, related accessories or footwear, or parts of clothing, related accessories or footwear, made exclusively of natural leather, fur or hide;
• non-textile fasteners and decorative attachments;
• second-hand clothing, related accessories, textiles other than clothing or footwear;
• clothing, related accessories, textiles other than clothing or footwear used as medical devices;
• disposable textiles – those designed to be used only once or for a limited time and are not intended for subsequent use for the same or a similar purpose.

The list of substances and restricted concentration limit by weight

• Cadmium and its compounds – 1 mg/kg
• Chromium VI compounds – 1 mg/kg
• Arsenic compounds – 1 mg/kg
• Lead and its compounds – 1 mg/kg
• Benzene – 5 mg/kg
• Benz[a]anthracene – 1 mg/kg
• Benz[e]acephenanthrylene – 1 mg/kg
• Benzo[a]pyrene; benzo[def]chrysene – 1 mg/kg
• Benzo[e]pyrene – 1 mg/kg
• Benzo[j]fluoranthene – 1 mg/kg
• Benzo[k]fluoranthene – 1 mg/kg
• Chrysene – 1 mg/kg
• Dibenz[a,h]anthracene – 1 mg/kg
• α, α,α,4-tetrachlorotoluene; pchlorobenzotrichloride – 1 mg/kg
• α, α,α-trichlorotoluene; benzotrichloride – 1 mg/kg
• α-chlorotoluene; benzyl chloride – 1 mg/kg
• Formaldehyde – 75 mg/kg
• 1,2-benzenedicarboxylic acid; di-C 6-8-branched alkylesters, C 7-rich – 1000 mg/kg
• Bis(2-methoxyethyl) phthalate – 1000 mg/kg
• Diisopentylphthalate – 1000 mg/kg
• Di-n-pentyl phthalate (DPP) – 1000 mg/kg
• Di-n-hexyl phthalate (DnHP) – 1000 mg/kg
• N-methyl-2-pyrrolidone; 1- methyl-2-pyrrolidone (NMP) – 3000 mg/kg
• N,N-dimethylacetamide (DMAC) – 3000 mg/kg
• N,N-dimethylformamide; dimethyl formamide (DMF) – 3000 mg/kg
• 1,4,5,8- tetraaminoanthraquinone; C.I. Disperse Blue 1 – 50 mg/kg
• Benzenamine, 4,4′-(4-iminocyclohexa-2,5-dienylidenemethylene)dianiline hydrochloride; C.I.
• Basic Red 9 – 50 mg/kg
• [4-[4,4′-bis(dimethylamino)benzhydrylidene]cyclohexa-2,5-dien-1-ylidene]dimethylammonium chloride; C.I. Basic Violet 3 with ≥ 0,1 % of Michler’s ketone (EC no. 202-027-5) – 50 mg/kg
• 4-chloro-o-toluidinium chloride – 30 mg/kg
• 2-Naphthylammoniumacetate – 30 mg/kg
• 4-methoxy-m-phenylene diammonium sulphate; 2,4-diaminoanisole sulphate – 30 mg/kg
• 2,4,5-trimethylaniline hydrochloride – 30 mg/kg
• Quinoline – 50 mg/kg